Understanding the differences between Solicitors and Will Writers
Writing a Will is one of the most important steps you can take to protect your loved ones, and ensure your wishes are carried out after your death. This is often something that people delay, as it certainly isn’t nice to consider your own mortality. However, having a Will is a crucial step to ensure peace of mind that your wishes will be known after your death.
As part of preparing a Will, many people face the question: should I use a solicitor or a Will writer? While both professionals can help you draft a Will, there are important differences in qualification, regulation, services, and costs. Understanding these differences between Solicitors and Will writers can help you to make an informed decision about what is right for your needs.
Qualification and training
Solicitors complete rigorous academic and practical training, and are required to undertake continuing professional development. Solicitors specialising in private client work will have a deep understanding of how assets pass on death, as well as Inheritance Tax, Capital Gains Tax and Trusts. This means that they are well equipped to handle complex situations, such as blended families, business ownership, foreign property, or vulnerable beneficiaries. Many Private Client Solicitors are also members of STEP (Society of Trust and Estate Practitioners), a global professional body for advisers who specialise in inheritance and succession planning.
Will Writers may have built practical experience, but they are not required by law to have formal legal qualifications. While many Will Writers have undergone specific training in Will drafting, the depth and breadth of their knowledge can vary significantly. Some Will Writers will have membership with industry bodies such as the Institute of Professional Will Writers (IPW) or the Society of Will Writers (SWW), which set professional standards and offer training, whilst others will not.
Regulation and Oversight
Solicitors are regulated by the Solicitors Regulation Authority (SRA), which means they are bound by a strict code of conduct. They are required to carry professional indemnity insurance, and are subject to a formal complaints and disciplinary process.
By contrast, Will Writers are not regulated by a statutory body. Although some will choose to join voluntary organisations like the IPW or SWW, this is not mandatory. Many small Will Writers are operated by just one or two people. They can open and close companies easily and readily, and move on without responsibility. As a result of this, consumer protection can be more limited.
Services and Estate Complexity
One of the major differences between Solicitors and Will Writers is the additional services they can provide. Depending on the type of law firm you attend, Solicitors may be able to offer comprehensive services beyond Will writing. For example, they may be able to assist with:
- Estate and tax planning – which is often paired with writing a Will;
- Setting up Trusts – this can be in your lifetime or as part of your Will;
- Lasting Powers of Attorney – documents to be used to protect you if you were to lose mental capacity; and
- Probate and estate administration.
Solicitors also often work in collaboration with financial advisers, accountants, and wealth managers to develop integrated estate planning for higher net worth or more complex estates. They may also have other unrelated services, such as conveyancing, dispute resolution or family law specialists. It can be helpful to build a relationship with one firm that can help in many areas, and support your family across generations.
Although they may be able to offer Trusts within the Wills—and in some cases to assist with Lasting Powers of Attorney—Will Writers tend to focus solely on drafting Wills. While some Will Writers may offer or suggest lifetime Trusts, they are not permitted to prepare documents that are ‘reserved instruments’ for legal purposes. As a result, may have an arrangement to obtain the documents from someone who is regulated, something that can give rise to concerns over liability.
Cost Considerations
Will Writers generally offer lower prices than Solicitors, which can be appealing, especially for those who do not have complex needs.
Solicitors may charge more due to their higher qualifications, insurance requirements, and the broader legal support that they can provide. However, for complex estates, the ability to avoid legal issues and consider tax pitfalls at the same time as preparing a Will may save money in the long run.
Risk Management and Legal Liability
Solicitors are required to carry substantial indemnity insurance, which offers clients protection if something goes wrong. Maintaining such insurance and employing experienced and well-qualified staff are the main expenses in a law firm.
While Will Writers may also carry insurance, the level of protection can vary. Clients working with unregulated Will Writers may find it difficult to seek redress if problems arise, as the insurance (if held) may be limited to only certain activities, and may be insufficient for the level of work being undertaken.
The choice is yours, and will depend on your individual circumstances. Ultimately, peace of mind comes from knowing that your Will is legally sound, and that your loved ones are protected. Always check credentials, ask about regulation and insurance, and ensure that you fully understand the scope of services before making your decision.
Often you will want to find a professional who you feel that you can talk to and who you can trust to share personal information with to ensure that they can meet your needs fully. You may also want the surety of knowing that the professional you use will still be there in a few years when your Will is needed or you want to update some provisions.
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While both Solicitors and Will Writers can assist with the preparation of your Will, instructing a Solicitor offers distinct advantages. Solicitors are legally qualified professionals who possess extensive knowledge and expertise in estate planning, ensuring that your Will is not only legally sound, but also tailored to your specific circumstances.
They can provide comprehensive advice on complex legal matters, such as Inheritance Tax planning and Trusts, which a Will Writer may not be equipped to handle. By choosing a Solicitor, you can have peace of mind knowing that your estate will be managed according to your wishes and in compliance with the law.
We invite you to take advantage of our complimentary initial consultation, and speak with a legal professional today. Our team is here to provide you with the expert guidance and support you need to secure your legacy and protect your loved ones. Contact us now to schedule your consultation, and take the first step towards ensuring your estate is in safe hands.
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